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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Grounds for the court's explanation concerning this case is different from the judgment of the court of first instance.
The reasoning of the judgment of the court of first instance is the same as that of the judgment, except as mentioned below (2). Thus, this is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. Details of the alteration;
C. (i) Determination: (a) Article 815 Subparag. 1 of the Civil Act of the relevant legal doctrine refers to a case where there exists no agreement between the parties to enter into a marriage on the grounds of nullity of marriage between the parties to “when there is no agreement between the parties to enter into a marriage” refers to the case where there is no agreement between the parties to make a mental or physical combination recognized as a couple under the social concept; and (b) if there is an intent to establish a marital relationship only between the parties and the other party lacks such intent, the marriage is null and void as it has no agreement between the parties to enter into a marital relationship.
(Supreme Court Decision 2010Meu574 Decided June 10, 2010). However, the Civil Act provides only the grounds for revocation of marriage under Article 815 (Article 816) while requiring the revocation of marriage (Article 816). As such, in a case where there exists a ground for nullity of marriage, a lawsuit for nullity of marriage may be brought in a case where there is a ground for nullity of marriage, and even without such a lawsuit, interested parties may assert the nullity of marriage as a preliminary question in another lawsuit.
(see Supreme Court Decisions 2013Du9564, Sept. 13, 2013; 2013Du9571, Sept. 13, 2013). Meanwhile, the period of extension of the period of extension of the period of extension of the period of extension of the period of extension of the period of extension of the period of extension of the period of extension of the period of extension of the period of extension of the period of extension of the period of extension of the period of the period of extension of the period of extension of the period of extension of the period of the period of extension of the period